All manufacturers of wireless handsets that are used in the delivery of digital commercial mobile radio service ("CMRS"), specified in section 20.19 of the Federal Communications Commission's ("FCC" or "Commission") rules, 47 C.F.R. § 20.19, must file, by midnight EDT July 15, 2014, FCC Form 655 reporting on the status of the manufacturer's compliance with the FCC's rule 20.19 hearing aid compatible handset requirements. The requirements include identifying the number of handsets tested for hearing aid compliance and testing standard used and providing information regarding handset ratings. The FCC Form 655 must be submitted electronically via the FCC's website and is available on the FCC's website.

Who Must file:

All manufacturers of wireless handsets that are used in the delivery of digital commercial mobile radio service that comes within the scope of rule 20.19 below.

Rule 20.19 applies to providers of digital CMRS in the United States, and manufacturers of the wireless handsets that are used in the delivery of digital CMRS services that meet the following specifications:

(i) to the extent that they offer real-time, two-way switched voice or data service that is interconnected with the public switched network; and

(ii) utilize an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless hand-offs of subscriber calls; and

(iii) such service is provided over frequencies in the 698 MHz to 6 GHz bands.

Time Period Covered by Report

The report covers the time period July 1, 2013 – June 30, 2014. Information in the report must be up-to-date as of June 30, 2014.

Enforcement

In the past year, the FCC has issued public notices reminding manufacturers of their hearing aid compatibility compliance obligations. In addition, the FCC Enforcement Bureau has issued several forfeitures or entered into consent decrees with handset manufacturers relating to these requirements.

Please be advised that attorneys in Kelley Drye & Warren's Communications Practice Group are experienced in addressing issues related to the hearing aid compatibility handset reports. For more information regarding this client advisory, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group.